Selling the contents of the house in preparation for a move to a condominium,Mr.Lotski sold an antique desk to a Mr.Rogers who paid by a cheque later returned N.S.F.(not sufficient funds).Lotski later learned that Rogers had sold the desk to Mrs.Lee for cash,which he took and then disappeared.Who is entitled to the desk if the court holds that the first contract between Lotski and Rogers is voidable?
A) Lotski
B) Rogers
C) Lee
D) Lotski, but he must pay compensation to Lee.
E) Lee, but she must pay compensation to Lotski.

Question

Quizplus · Accepted Answer

Since the first contract between Lotski and Rogers is voidable, it means that the contract is not valid and can be rescinded. Therefore, the desk can be sold again. Since Rogers sold the desk to Lee for cash, he became the rightful owner of the desk, and the subsequent sale to Lee is valid. Hence, Lee is entitled to the desk.

Selling the Contents of the House in Preparation for a Move